Batey-Elton and Elton

Case

[2007] FamCA 1024

4 September 2007


Details
AGLC Case Decision Date
Batey-Elton and Elton [2007] FamCA 1024 [2007] FamCA 1024 4 September 2007

CaseChat Overview and Summary

The proceedings involved an applicant Husband and a respondent Wife, with the dispute concerning property settlement under section 79A of the *Family Law Act 1975* (Cth) and related parenting matters. The orders were made by Justice Jordan of the Family Court of Australia.

The court was required to determine the terms of interim financial support for the Wife's legal representation, the procedural steps for the parties to file evidence and particulars of their claims, and the arrangements for children's counselling and contact with their parents. The court also had to address orders concerning a third party, Mr B, and the confidentiality of counselling sessions.

The court ordered the Husband to provide an irrevocable bank guarantee of $30,000 to the Wife's solicitors for legal costs. It also set strict timelines for the filing of particulars of claim, affidavits of evidence-in-chief, and further affidavits detailing asset and liability valuations and contentions regarding percentage distributions from previous orders. The matter was listed for a pre-trial conference. In relation to parenting, the court made detailed orders for the children to attend counselling with Ms P, with the Mother also attending counselling and supervised outings with the children, all at the Father's cost. The court also ordered that Mr B not spend time with or communicate with the children.

The court further ordered that the particulars of these obligations and the consequences of contravention, along with information on assistance for compliance, be set out in an attached Fact Sheet, which was incorporated into the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

  • Remedies

  • Procedural Fairness

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